Conditions of entry PetCloud’s Pets of Summer Competition 2017
Submit your entry for PetCloud’s Pets of Summer Competition 2017 here!
CONDITION OF ENTRY PETCLOUD’S PETS OF SUMMER COMPETITION 2017
- Information on how to enter, mechanics of entry and the prizes form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet only.
PROMOTIONAL PERIOD
- The promotion commences at 9:00am (AEST) on 02/10/2017 and ends at 12:00am (AEDT) on 26/11/2017 (Promotional Period).
ELIGIBILITY
- Entry is only open to residents of Australia aged 18 years or older who are or become existing users of Facebook during the Promotional Period and who own a pet at the time of entry (Entrants). The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
HOW TO ENTER
- To enter the promotion, Entrants must, visit the PetCloud Facebook page at https://www.facebook.com/petcloud/ (Promotional Page) and follow the prompts in the manner required to post a photo taken by the Entrant of the Entrant’s pet and fully and correctly complete and successfully submit the online entry form, including providing the Entrant’s full name, current and valid email address, contact telephone number, postcode, the Pet’s name, and the Pet’s breed, and answer the promotional question: “Tell us in 50 words or less why your pet should be PetCloud’s Pet of Summer for 2017”.
- If the Entrant owns multiple pets they are permitted to complete one (1) entry per pet. Any subsequent entry of an Entrant after the first valid entry is received from that Entrant will be deemed invalid.
- Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries. Contact details entered incorrectly by an Entrant on their entry form will deem their entry invalid.
- Costs associated with accessing the Promotional Page remain an Entrant’s responsibility and may vary depending on the Internet service or telecommunications provider used.
- Entrants acknowledge that their entry and their name, locality, username and/or profile photograph may be featured on the Promotional Page and generally on Facebook for public viewing during the Promotional Period and in perpetuity (unless otherwise requested). Once an entry is submitted, Entrants acknowledge that the entry may not be withdrawn, altered or deleted (except as and where required by the Promoter). Entrants also acknowledge that their personal Facebook page may be updated by entering the promotion and/or sharing the promotion on Facebook.
- Facebook membership, notifications, pages, applications and use of Facebook generally is subject to its prevailing terms and conditions of use at www.facebook.com/policies. The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. Entrants are solely responsible and liable for any content or information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Facebook and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to Facebook.
- The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.
WINNER DETERMINATION
- All entries received by the Promoter during the Promotional Period will be posted on the Promotional Page and subject to a public voting process commencing 9:00am (AEST) on 02/10/2017 and closing 12:00am (AEDT) on 26/11/2017 (Promotional Period). For the avoidance of doubt, a public vote in this context means to click on the ‘vote’ icon corresponding to an entry on the Promotional Page.
- In the event that more than one (1) entry receives the same number of votes in the same period of time during the Promotional Period, each of the tied entries will be judged by a panel of appropriately qualified judges by 04/12/2017 at Unit 3, 28 Metroplex Avenue, Murarrie, QLD 4172 on the basis of originality and creative merit and the Entrant who submitted the entry judged to be the best from all tied entries will be deemed the winner. The Judges’ decision is final and no correspondence will be entered into.
STATE PRIZES
- In order to determine the winners, entries will be sorted by State: NSW, SA, VIC, QLD, WA, NT, ACT and TAS (each, a State Group). The one (1) eligible entries with the highest number of votes in each State Group from all eligible entries received during the Promotional Period will win one (1) PetCloud gift voucher, valued at AUD$30.00 each, and a selection pet products chosen at the discretion of PetCloud, valued at AUD$20.00 (State Prize).
- Gift vouchers are subject to their prevailing terms and conditions of use, including expiry dates, and are not replaceable if lost, stolen or damaged.
- A prize cannot be sold, scalped, auctioned, raffled, pledged or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If a prize is obtained through any of these methods, it will not be honoured by the Promoter or prize supplier.
- The total maximum prize pool value for each State Group’s State Prizes is as follows: NSW: $50.00; SA: $50.00; VIC: $50.00; QLD: $50.00; WA: $50.00; NT: $50.00; ACT: $50.00; and TAS: $50.00. The prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The prizes must be taken as offered and cannot be varied. The prizes cannot be used or redeemed in conjunction with any other offer. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST.
MAJOR PRIZES
- The one (1) eligible entries with the highest number of votes from all State Prize winners, and the one (1) eligible entries judged to be the best from all State Prize winners, will win one (1) PetCloud gift voucher, valued at AUD$60.00 each and a selection pet products chosen at the discretion of PetCloud, valued at AUD$40.00 (Major Prizes).
- Gift vouchers are subject to their prevailing terms and conditions of use, including expiry dates, and are not replaceable if lost, stolen or damaged.
- A prize cannot be sold, scalped, auctioned, raffled, pledged or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If a prize is obtained through any of these methods, it will not be honoured by the Promoter or prize supplier.
- The total maximum prize pool value for the Major Prizes is AUD$200.00. The prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The prizes must be taken as offered and cannot be varied. The prizes cannot be used or redeemed in conjunction with any other offer. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST.
GENERAL
- It is a condition of accepting and participating in the prize that the winner may be required to sign eligibility form(s), code(s) of conduct and/or legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion.
- The Promoter may award a prize to an Entrant whose entry received the next highest number of votes by 04/12/2017 in order to award a prize if unclaimed by that date. The unclaimed prize winner(s) (if any) will be notified in writing by 04/12/2017. All reasonable steps to notify the unclaimed prize winner(s) (if any) of the results of the judging will be taken by the Promoter. The Judges’ decision is final and no correspondence will be entered into.
- Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that each entry fully complies with these Conditions of Entry and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trade marks, copyrighted material, mark that identifies a brand or other third party materials where required for entry into the promotion, unless the entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An entry submitted without obtaining such written consent may result in the entry becoming invalid for the purposes of the promotion and/or the Entrant being subject to legal liability. Any entries that contain content that the Promoter, in its sole discretion, considers to be offensive, inappropriate or objectionable in any way or to infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as eligible entries into the promotion. This includes, but is not limited to, any entry which the Promoter considers to be disparaging to its products and/or services or is otherwise not in keeping with the spirit of the promotion. The decision by the Promoter to accept or reject an entry is in the Promoter’s sole discretion and no correspondence will be entered into.
- All right, title and interest, including in all Intellectual Property Rights, in all promotional materials and in the Promoter’s brands, logos, trading names, products and/or services and the Promotional Page will remain or be vested in the Promoter. Participation in the promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any promotional material or in any of the Promoter’s brands, logos, trading names and products and/or services. The Promoter, on a case by case basis and to the extent required, grants to each Entrant a non-exclusive licence for the Promotional Period to use the promotional material and the Promoter’s brands, logos, trading names and products and/or services solely for the purpose, and to the extent necessary, to enable each Entrant to participate in the promotion.
- By entering the promotion, each Entrant, in the event they are a winner, grants to the Promoter a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence (and agrees to use their best endeavours to procure any relevant third parties to grant to the Promoter such licence) to use their winning entry for the purposes of marketing and promoting the Promoter and/or its goods and services in any manner and in any media whether existing now or in the future, without the further consent of the Entrant and without any further compensation payable to the Entrant. Each Entrant, in the event they are a winner, also expressly consents for the benefit of the Promoter to all or any acts or omissions that would ordinarily constitute an infringement of the Entrant’s moral rights in relation to all Intellectual Property Rights in their winning entry pursuant to the Copyright Act 1968 (Cth), including the Promoter having an unfettered right to treat the winning entry in any manner at its sole discretion, to alter the winning entry in any manner and to the Promoter not attributing authorship of the winning entry to the Entrant.
- Entrants are solely responsible and liable for their entries and any other information they transmit to other Internet users. The Promoter may delete or request the deletion of any content posted on the Promotional Page in accordance with its prevailing terms and conditions of use. Any entries that are removed by the Promoter from the Promotional Page will not be considered eligible entries for the purpose of the promotion. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any entries submitted for the purposes of the promotion (including but not limited to any illegal, incorrect or inaccurate content or third party advertising).
- To the extent permitted by law, each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: (i) a breach by the Entrant of any of these Conditions of Entry; (ii) any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; (iii) a negligent, willful or otherwise wrongful act or omission of the Entrant; (iv) fraudulent or dishonest acts or omissions by the Entrant; (v) any breach by the Entrant of any applicable Laws; (vi) any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering the Promotion; (vii) the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and (viii) any claim or allegation that the Entrant’s entry infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another party’s trade secret or confidential information.
- Entrants can only enter from their own Facebook account. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by the Entrant in entering the promotion, before issuing a prize. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or entry has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction then all the entries of that Entrant may be ineligible and deemed invalid.
- The Promoter reserves the right to verify the validity of any and all entries and to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an entry which is not in accordance with these Conditions of Entry; or (c) engaging in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
- A prize will only be awarded following any winner validation and verification that the Promoter, or its nominated agents, requires in their sole absolute discretion.
- The Promoter reserves the right to verify the validity of any and all votes and to request a voter produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the identity of the voter and the validity of the votes submitted, or purportedly submitted, by that voter for the purpose of determining the winners in the promotion. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) to its satisfaction or if a voter: (a) tampers with the voting process; (b) submits a vote which is not in accordance with these Conditions of Entry; (c) uses (or attempts to use) multiple names, identities, email addresses and/or automated, script, macro or robotic program(s) to submit votes; (d) engages in systematic voting from the same computer/IP address in excess of the voting limit (if any); or (e) engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion, then all the votes submitted that voter may be ineligible and deemed invalid for the purpose of determining the winners in the promotion, as determined by the Promoter in its sole discretion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. The Promoter’s decision is final and no correspondence will be entered into.
- As a condition of entering this promotion, each Entrant consents to, in the event they are a winner, the Promoter using the Entrant’s Entry and the Entrant and Pet’s, name, locality (including suburb and State or Territory of residence), likeness, image and/or voice (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are a winner, the Entrant and Pet will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
- If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu.
- If the promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures, directions of regulators or industry self-regulatory bodies or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or if necessary to provide alternative prize(s) to the same value as the original prize(s).
- The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Australian Consumer Law, for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prizes; and/or (iv) acceptance and/or use of any prize.
- All of the Promoter’s decisions in respect of the promotion are final and no correspondence will be entered into.
PRIVACY
- The Promoter collects Personal Information about an Entrant to include the Entrant in the promotion, award the prizes (where appropriate) and use the information to assist in improving the goods and services of the Promoter. If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible.
- An Entrant also agrees that the Promoter may, in the event the Entrant is a winner, publish or cause to be published the Entrant winner’s name and locality in any media.
- The Promoter will provide to each Entrant, at time of entry into the promotion (or as soon as reasonably practicable thereafter), a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth).
- Entrants can gain access to, update or correct any of their Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer at service@petcloud.com.au All Personal Information will be stored by the Promoter in accordance with the Promoter’s Privacy Policy. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained by contacting the Promoter at service@petcloud.com.au
- By entering the promotion, Entrants acknowledge that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to contact the Entrant in the future with information about the Promoter, including special offers, market research or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share an Entrant’s Personal Information with its Australian and overseas related companies, servants, employees, agents and trusted third parties who may contact the Entrant for their legitimate commercial purposes, including special offers, market research or to provide the Entrant with marketing materials in this way. By entering the promotion, Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.
- The Promotional Page may contain links to other websites (Linked Sites). The Promoter is not responsible for the content of any Linked Sites, whether or not the Promoter is affiliated with the Linked Sites. The Promoter does not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect Personal Information or postings from Entrants, the Promoter shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The Linked Sites are for Entrants’ convenience only and Entrants agree to access them at their own risk.
- In these Conditions of Entry: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles in Australia. “Losses”means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not
- Promoter: Pet Cloud Pty Limited (ABN 59 603 898 862) of Unit 3, 28 Metroplex Avenue, Murarrie, QLD 4172. Australia telephone: 1300 66 77 85
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